Goforth v. City of Vacaville

Filing 11

STIPULATION and PROTECTIVE ORDER signed by Judge Morrison C. England, Jr. on 2/2/09 ORDERING that the requested protective order shall include such discovery items as are delineated in paragraph 1a. and 1b. ONLY. The parties' stipulated request to seek "public records", along with "any other materials they deem appropriate", however, is DENIED. (Engbretson, K.)

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THOMAS F. BERTRAND, State Bar No. 056560 RICHARD W. OSMAN, State Bar No. 167993 BERTRAND, FOX, & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CITY OF VACAVILLE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) Case No.: 2:08-cv-02415-MCE-GGH CHAD ALLEN GOFORTH, ) ) Plaintiff, ) STIPULATION AND PROTECTIVE ) ORDER vs. ) ) CITY OF VACAVILLE, a municipal entity, form ) unknown; Unknown Vacaville Police Officers, ) Supervisors and Policymakers, in their individual ) and official capacities, referred to here as DOES 1 ) ) to 50, included. ) ) Defendants. )

1.

The parties to the above-entitled action, by and through their counsel of record,

hereby stipulate to entry of the attached protective order as to materials to be produced in discovery herein by defendant CITY OF VACAVILLE ("the CITY"). The materials included in the above-mentioned protective order are as follows: a. Any document which comprises an officer's personnel file and which is produced in discovery in the within matter from police personnel files maintained by the defendant CITY, including any Internal Affairs investigations and all other matters in an officer's personnel file; b. The names, addresses and telephone numbers of any civilian witnesses disclosed by defendants in discovery;

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c. d.

Any and all public reports disclosed by defendants in discovery; and, Other materials that the parties agree in writing are to be covered by this Order.

All "confidential material" shall be designated by stamping or otherwise marking each such document as follows: 2. "CONFIDENTIAL "

Confidential material shall be used solely in connection with the preparation and

litigation of the case in the within action (Case No. 08- CV-02415-MCE-GGH) or in any related appellate proceeding, and not for any other purpose, including any other litigation, without the express approval of this court. 3. Confidential material may not be disclosed, except as is provided in paragraph 4,

4.

Confidential material may be disclosed only to the following persons: (a) parties

and counsel for any party to this litigation; (b) paralegal, stenographic, clerical, and secretarial personnel regularly employed by counsel for the parties in this litigation; (c) court personnel, including stenographic reporters engaged in such proceedings as are necessarily incidental to preparation for trial in this action; (d) any outside expert or consultant retained by any party to the action in connection with the action, and not otherwise employed by either party; and, (e) any "in-house" expert designated by any party to testify at trial in this matter. Nothing in this paragraph (4) is intended to prevent officials or employees of the City of Vacaville, or other authorized government officials, from having access to the documents so designated if they would have such access in the normal course of their job duties. Furthermore, nothing herein prevents any witness from disclosing events or activities personal to him or her, that is, a witness may disclose to others, without restriction under this order, information previously given to the City of Vacaville with respect to what he or she saw, heard, or otherwise sensed. 5. Each person to whom disclosure is made, with the exception of counsel, who are

presumed to know the contents of this protective order, shall be provided by the person furnishing him or her "confidential material," as designated hereunder, with a copy of this order, and shall agree on the record, in writing, that he or she has read this protective order and consents to be subject to the jurisdiction of this court with respect to the enforcement of this
STIPULATION AND PROTECTIVE ORDER Goforth v. City of Vacaville, Case No. CV-02415-MCE-GGH

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order, including without limitation, any proceeding for contempt. Unless such agreement is made on the record in this litigation, counsel making the disclosure to any person described above shall retain the original executed copy of said written agreement until final termination of this litigation. 6. At the conclusion of the trial in this matter, and of any appeal, or upon the

termination of this action by any other means, all confidential material received under the provisions of this order, including any copies made thereof, shall be tendered back to the appropriate parties or their attorneys. Provisions of this order, insofar as they restrict the

disclosure and use of the material, shall remain in full force and effect until further order of this court. 7. The foregoing is without prejudice to the right of any party to this action: (a) to

apply to the court for a further protective order relating to any confidential material or relating to discovery in this litigation; (b) to apply to the court for an order removing the confidential material designation from any document; and, (c) to apply to the court for an order compelling production of documents or for modification of this order or for any order permitting disclosure of confidential material beyond the terms of this order. Counsel for the parties to this action hereby declare that they have read the foregoing, that they approve thereof as to form and content, and that, on behalf of their clients in this action, they stipulate thereto. SO STIPULATED.

Dated: January 15, 2008

JAI M. GOHEL, ATTORNEY AT LAW

By: __________________________________________ Jai M. Gohel Attorney for Plaintiff CHAD ALLEN GOFORTH

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Good cause appearing, IT IS ORDERED that the requested protective order shall include such discovery items as are delineated in paragraph 1a. and 1b. above, ONLY. The parties' stipulated request to seek "public records", along with "any other materials they deem appropriate", however, is DENIED.
DATED: February 2, 2009

Dated: January 15, 2009

BERTRAND, FOX & ELLIOT

By:___________________________________________ Thomas F. Bertrand Richard W. Osman Attorneys for Defendant CITY OF VACAVILLE ORDER

__________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

STIPULATION AND PROTECTIVE ORDER Goforth v. City of Vacaville, Case No. CV-02415-MCE-GGH 4 PDF created with pdfFactory trial version www.pdffactory.com